Therefore, this reference to the contractual completion date implies that the float belongs to the project and should first be exhausted before an extension of time can be considered. Unlike the AIA A201 reference is made to the contractual completion date. Clause 10.1 refers to clause 8.2 (time for completion). This clause makes reference to clause 10.1 (taking-over of the works and sections). Clause 8.4 (extension of time for completion) states that: “ the contractor shall be entitled, subject to clause 20.1, to an extension of the time for completion if and to the extent that completion for the purposes of clause 10.1, is or will be delayed….” FIDIC Conditions of Contract for Constructionįloat or the concept of ownership of floats is not explicitly addressed in the FIDIC. If the contractor can claim for the additional time for a non-critical activity it may argued that the float belongs to the contractor. To take this line of thought a step further, one can argue that it opens the door for the contractor to claim for additional time for an owner’s delay that impacted a non-critical activity (an activity with float). One interpretation of the clause may be that the contractor can claim for any delay and not only for a delay to the contractual completion date. This view might be drawn into question if the wording of this clause is carefully considered. No direct link is drawn between the delay and the contractual completion date. If this is applied, the float is owned by the project meaning it can be utilized on a first-come-first-serve basis. The simple statement in the AACE Forensic Schedule Analysis Practice note No 29R-03 that float is shared between the owner and the contractor if float is not addressed in the contract conditions might be of help here. Without specific reference to these terms the Society of Construction Law Delay and Disruption Protocol (2017) guideline is not of use to determine who owns the float. The clause is vague in that it does not refer to the contractual completion date (substantial completion) or to the contractor’s planned completion date. Clause 8.3 that deals with delays and extensions of time states that “If the contractor is delayed at any time in the commencement or progress of the Work…, and the architect determines, justify delay, then the Contract Time shall be extended…” The AIA A201 (2017) makes no direct reference to the float. The information in the practice guides were applied to the two commonly utilized contracts to ascertain the ownership of the float: AIA A201 General Condition of the Contract for Construction The AACE Forensic Schedule Analysis Practice note No 29R-03 opines that float is a shared between the owner and the contractor if float is not addressed in the contract conditions. It can therefore be interpreted that the float belongs to the contractor. Where it is provided for a contractor to claim for additional time whenever an employer-delay will impact the contractor’s planned completion date, it implies that the owner cannot benefit from the float in the event of an employer-delay.In essence, the float belongs to the party who utilizes it first. If it is stated that additional time will only be granted when an excusable delay (owner’s risk) cause the contractual completion date to be delayed, it implies that the float should first be exhausted before a right to be granted additional time is established. But what if it is not addressed in the construction contract? The Society of Construction Law Delay and Disruption Protocol (2017) provides some guidance in this regard by looking at the wording of the specific clause in the contract establishing the right to an extension of the contract period: The most obvious solution to the problem of float ownership is to address it in the construction contract. The float belongs to the party who utilizes it first or in other words it belongs to the project.There are 3 possibilities when it comes to the ownership of float: Who owns the float? This question is often debated because it is seldom addressed in construction contracts. Only when the float or surplus time is exhausted the activity will become critical or in other words delay the completion date of the project. Float is only applicable to non-critical activities and refers, in essence, to the surplus time assigned to activities in the construction schedule. The term float is not often directly addressed in construction contracts but it can easily become the source of disputes in the analysis of extension of time claims.
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